Amendment ASA1-AB702

LRBs0345/1

MES&CMH:cjs:rs

2007 - 2008 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2007 ASSEMBLY BILL 702

March 5, 2008 - Offered by Representative Kleefisch.

AB702-ASA1,1,6 An Act to renumber 980.08 (4) (cm); to amend 301.48 (3) (a) 3., 301.48 (3) (d) 1., 980.08 (4) (g) and 980.105 (2m) (intro.); and to create 66.0408, 301.48 (3m) and 980.08 (4) (cm) 2. of the statutes; relating to: prohibiting political subdivisions from regulating the placement of sex offenders, residency restrictions on certain sex offenders, the placement of persons on supervised release, and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB702-ASA1, s. 1 Section 1. 66.0408 of the statutes is created to read:

AB702-ASA1,1,8 66.0408 Local regulation of sex offenders. (1) In this section:

AB702-ASA1,1,9 (a) "Political subdivision" means a city, village, town, or county.

AB702-ASA1,1,11 (b) "Sex offender" means a person who is a registered sex offender under s. 301.45.

AB702-ASA1,2,2 (2) (a) A political subdivision may not enact an ordinance or adopt a resolution that affects the placement of a sex offender.

AB702-ASA1,2,5 (b) If a political subdivision has in effect on the effective date of this paragraph .... [revisor inserts date], an ordinance or resolution that is inconsistent with par. (a), the ordinance or resolution does not apply and may not be enforced.

AB702-ASA1, s. 2 Section 2. 301.48 (3) (a) 3. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

AB702-ASA1,2,13 301.48 (3) (a) 3. Immediately alert the department and the local law enforcement agency having jurisdiction over the exclusion or inclusion zone if the person stays in any exclusion zone for any longer period than the time needed to travel through the zone to get to another destination or , if the person leaves any inclusion zone, or, if the person is subject to the residency restriction under sub. (3m), if it appears that the person is violating sub. (3m).

AB702-ASA1, s. 3 Section 3. 301.48 (3) (d) 1. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

AB702-ASA1,2,19 301.48 (3) (d) 1. The department of corrections has been alerted under par. (a) 3. that the person being tracked has improperly stayed in an exclusion zone or improperly left an inclusion zone or, if the person is subject to sub. (3m), that it appears the person has violated sub. (3m).

AB702-ASA1, s. 4 Section 4. 301.48 (3m) of the statutes is created to read:

AB702-ASA1,2,24 301.48 (3m) Residency restrictions. (a) A person who is subject to lifetime tracking for committing a level 1 child sex offense or is subject to lifetime tracking under sub. (2) (b) may not have a residence that is less than 500 feet from the grounds of an elementary school.

AB702-ASA1,2,25 (b) Whoever intentionally violates par. (a) is guilty of a Class I felony.

AB702-ASA1, s. 5 Section 5. 980.08 (4) (cm) of the statutes is renumbered 980.08 (4) (cm) 1.

AB702-ASA1, s. 6 Section 6. 980.08 (4) (cm) 2. of the statutes is created to read:

AB702-ASA1,3,5 980.08 (4) (cm) 2. If the person is placed in his or her county of residence, the court shall order placement of the person in the person's city, village, or town of residence, as determined by the department under s. 980.105 (2m).

AB702-ASA1, s. 7 Section 7. 980.08 (4) (g) of the statutes is amended to read:

AB702-ASA1,3,17 980.08 (4) (g) The court shall review the plan submitted by the department under par. (cm). If the details of the plan adequately meet the treatment needs of the individual and the safety needs of the community and comply with s. 301.48 (3m) (a), then the court shall approve the plan and determine that supervised release is appropriate. If the details of the plan do not adequately meet the treatment needs of the individual or the safety needs of the community, then the court shall determine that supervised release is not appropriate or direct the preparation of another supervised release plan to be considered by the court under this paragraph. If the details of the plan do not comply with s. 301.48 (3m) (a), the court shall direct the preparation of another supervised release plan to be considered by the court under this paragraph.

AB702-ASA1, s. 8 Section 8. 980.105 (2m) (intro.) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

AB702-ASA1,3,22 980.105 (2m) (intro.) The department shall determine a person's city, village, or town of residence for the purposes of s. 980.08 (5) (4) (cm) 2. by doing all of the following:

AB702-ASA1, s. 9 Section 9. Initial applicability.

AB702-ASA1,4,2 (1) The treatment of section 980.08 (4) (g) of the statutes, the renumbering and amendment of section 980.08 (4) (cm), of the statutes and the creation of section 980.08 (4) (cm) 2. of the statutes first apply to plans for supervised release that are not approved by the court on the effective date of this subsection.

AB702-ASA1,4,3 (End)